The Utah Legislature has implemented some rules as a protection against over-zealous (tyrannical) justice court judges, many of whom are “jail happy.” The rules can act to prevent a judge from sending a defendant to jail…in most cases. Non DUI or Reckless Driving Cases For every case filed in a Utah Justice Court that is not a DUI or a…
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Criminal Defense 2
Common Enhanceable Utah Crimes
What is an Enhanceable Crime? The Utah Legislature has taken it upon itself to give the district attorneys freedom to increase the category of a crime if the defendant has committed the same or similar crime in the past. For example, a crime that can be charged as a class B misdemeanor by itself may be charged as a class…
West Valley Officers Now Accused of Stealing Drugs and Money
Following an internal audit of the West Valley Utah Police Department’s Narcotics Unit, certain officers have been found to allegedly stolen drugs and money from individuals they had arrested or investigated. An investigation by the FBI into the West Valley Police Department is pending. Additionally, Salt Lake County opened up their own investigation into the cases following dismissal of several…
The Law of Defense of Others in Utah Criminal Cases
Utah Code Sets forth the Law of Defense of Others The law in the United States and Utah derives from English common law and under the common law an individual has the right to defend himself against aggressions and violence from others. That same common law recognized the right to defend the life and property of others. Utah has taken…
Salt Lake City Marijuana Defense Lawyer | Utah Pot Laws
Marijuana charges are extremely common in Utah. Unlike some of the sister states here in the west like Colorado, Oregon, and California, Utah Pot Laws are extremely harsh. If you have been charged with a weed related offense in Utah, you really need to retain the services of a Salt Lake City Marijuana Defense Lawyer to help ensure you do…
The Death of Identity Fraud in Utah?
On December 28, 2012 the Utah Supreme Court handed down its opinion in State of Utah vs. Manuel Hurtado Rincon which raises the question of whether identity fraud in Utah is a viable property crime any longer. In that case the defendant made up a social security number so that he could get a job. The defendant did not steal…
Jail Time In Utah for Misdemeanors
Sentencing in Utah Anytime a defendant is convicted of a misdemeanor offense in Utah the defendant has to be sentenced. At sentencing the court can consider just about any information about the defendant that is presented by either the prosecutor or the defendant himself. The court will consider the defendant’s criminal history, the facts of the underlying conviction, any input…
Drug Charges and Drug Evaluations
A large number of people involved in the justice system are there because of drugs. Whether they were caught trying drugs for the first time or have been battling a drug addiction for years the courts will often treat them the same. With the help of a criminal defense attorney the defendant can often get a plea deal which will…
Summons vs. Warrant
Utah Criminal Charges And Jail When criminal charges are brought against an individual in Utah the court has power to order that the defendant be taken into custody or that the defendant self report to court or to the jail. The court can do this by a couple of different orders: (1) a summons; or, (2) a warrant. When is…
Bail in Utah
How Bail Is Set in Utah? Any person who is charged with a crime is entitled to bail as a matter of right except in a few select circumstances including capital felony charges, felonies committed while probation or parole or while out on bail on another felony charge, when the court finds by clear and convincing evidence that the defendant…